DIY investors fight back against trailer fees
Trailing commissions (also known as trailer fees) are intended to compensate mutual fund dealers, such as discount brokers, for investment advice they provide to investors. However, discount brokers are prohibited from providing investment advice under the law. Siskinds LLP is pursuing claims on behalf of retail investors who have paid trailing commissions on mutual funds...
Continue reading the post titled DIY investors fight back against trailer feesEthanol in gasoline- should we celebrate?
The renewable fuels regulation is a better win for the agricultural lobby than it is for those concerned about climate change.
Continue reading the post titled Ethanol in gasoline- should we celebrate?Electronic employee monitoring: Can you do it and what are the limits?
With approximately 40% of Canadians currently working from home due to the pandemic, employers are increasingly looking for ways to supervise and monitor productivity and attendance. While employers can monitor and collect information on their employees as part of their general right to manage their business, employees still have a reasonable expectation of privacy while...
Continue reading the post titled Electronic employee monitoring: Can you do it and what are the limits?Port Stanley Harbour
Here's an update on one of our community projects, the Port Stanley Harbour. Transport Canada wants to download the badly contaminated harbour onto the local municipality and its ratepayers.
Continue reading the post titled Port Stanley HarbourEnvironmental Commissionerโs 2018 Greenhouse Gas Progress Report
On September 25, 2018, the Environmental Commissioner of Ontario released the 2018 Greenhouse Gas Progress Report: Climate Action in Ontario: Whatโs Next? The Environmental Commissioner of Ontario (ECO) is an independent officer of the Legislative Assembly of Ontario created by the Environmental Bill of Rights, 1993 (EBR). One of the Commissionerโs responsibilities under the EBR...
Continue reading the post titled Environmental Commissionerโs 2018 Greenhouse Gas Progress ReportNew Biodiversity Treaty in effect this week
Fair sharing of biodiversity: The Nagoya Protocol on Access to Genetic Resources and the Fair Equitable Sharing of Benefits Arising from their Utilization, underย the United Nations Convention on Biodiversity (CBD), enters into force this week. The Protocol is an international environmental agreement intended toย ensure that those, who share access to genetic resources and associated traditional...
Continue reading the post titled New Biodiversity Treaty in effect this weekClass Proceedings Can Fill the Gap in Canadian Regulatory Action
Canadian Investorsโ Perceived Vulnerability to Fraudsters A recent Globe and Mail article highlights the difficulty Canadian investors have in recovering proceeds of crime from fraudsters.ย Examining 30 yearsโ worth of regulatory enforcement proceedings, the Globe comes to the conclusion that Canadaโs โtoothlessโ regulatory system permits criminals to get โbarely punishedโ and commit their financial crimes again.ย Focusing...
Continue reading the post titled Class Proceedings Can Fill the Gap in Canadian Regulatory ActionVirtual witnessing of Wills and POAs during the COVID-19 emergency: considerations for estate planning lawyers
Note: This blog post has been updated to reflect the amended Order by the Lieutenant Governor in Council on April 22, 2020. On April 7, 2020, the Lieutenant Governor in Council made an Order under the Emergency Management and Civil Protection Act varying the current statutory requirements for the execution of a Last Will and...
Continue reading the post titled Virtual witnessing of Wills and POAs during the COVID-19 emergency: considerations for estate planning lawyersClass actions as clone wars?
Ontario Court rejects notion that class members must be โclones.โ Judges on a certification motion do understand that class members are notย clonesย and even if they wereย clones, judges understand that individualย clonesย may have had different experiences with the defendant. Commonality is not disapproved by finding instances of difference.[1] The Supreme Court of Canada has described the โcommonality...
Continue reading the post titled Class actions as clone wars?British Columbia Supreme Court rejects plan of arrangement for barring claims of historical shareholders
Overview In Re iAnthus Capital Holdings, Inc., 2020 BCSC 1442, Justice Gomery of the BCSC rejected a plan of arrangement due to the overly broad scope of release and injunction clauses which were found to bar claims of historical shareholders which preceded the plan. His Honour did not dismiss the petition, but rather provided iAnthus...
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